§608. Enforcement
                  1. 
                                Not enforceable. 
                                A premarital agreement is not enforceable if the party against whom enforcement is sought proves that:
                                     
                                
                
                  A.
                                        That party did not execute the agreement voluntarily; or
                                     
                                [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
                
                  B.
                                        The agreement was unconscionable when it was executed and, before execution of the agreement, that party:
                                     
                                
                [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
              
                                            (1)
                                        Was not provided a fair and reasonable disclosure of the property or financial obligations of the other party;
                                     
                                
                                            (2)
                                        Did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and
                                     
                                
                                            (3)
                                        Did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party.
                                     
                                [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
                  2. 
                                Support required. 
                                If a provision of a premarital agreement modifies or eliminates spousal support and that modification or elimination causes one party to the agreement to be eligible for support under a program of public assistance at the time of separation or marital dissolution, a court, notwithstanding the terms of the agreement, may require the other party to provide support to the extent necessary to avoid that eligibility.
                                     
                                
                [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
              
                  3. 
                                Unconscionability. 
                                An issue of unconscionability of a premarital agreement must be decided by the court as a matter of law.
                                     
                                
                [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
              
                        SECTION HISTORY
                        
            PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).